Common use of Trustee Capacity Clause in Contracts

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He2), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap2)

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Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC BankBank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust trust is made and intended not as personal representations, undertakings and agreements by HSBC BankBank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee HSBC Bank USA, National Association or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation Agreement is executed by the Trustee trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A. ("Xxxxx Fargo"), not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank, National Association Xxxxx Fargo but is made and intended for the purposes purpose of binding only the Supplement Counterparty as trustee for the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USA, National Association, Xxxxx Fargo individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person claiming by, through or under the parties hereto, (iv) hereto and under no circumstances shall HSBC Bank USA, National Association Xxxxx Fargo in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any Agreement. The obligations of Xxxxx Fargo under this Agreement are limited recourse obligations, payable solely from the Swap Agreement, subject to and in accordance with the priority of payments and other related documents, and (v) the parties hereto acknowledge and agree that under (a) terms of the Pooling and Servicing Agreement, and (biv) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by any resignation or removal of Xxxxx Fargo as trustee on behalf of the Supplemental Interest Trust Trustee or shall require the Securities Administratorassignment of this Agreement to Xxxxx Fargo's replacement, make all payments hereunder and (v) Xxxxx Fargo has been directed, pursuant to the account specified below. DBAG shall be entitled Pooling and Servicing Agreement, to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct enter into this Agreement and to have been signedperform its obligations hereunder. References in this clause to “a party” shall, sent or made by in the Securities Administrator.case of UBS AG and where the context so allows, include reference to any affiliate of UBS AG. Account Details for UBS AG: Currency: USD Correspondent Bank: UBS AG, XXXXXXXX BRANCH Swift Address: XXXXXX00XXX Favour: UBS AG LONDON BRANCH Swift Address: XXXXXX0XXXX Account No: 101-wa-140007-000 Further Credit To: Swift Address: Account No: Offices

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation Agreement is executed by the Trustee trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A. ("Xxxxx Fargo"), not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank, National Association Xxxxx Fargo but is made and intended for the purposes purpose of binding only the Supplement Counterparty as trustee for the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USA, National Association, Xxxxx Fargo individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person claiming by, through or under the parties hereto, (iv) hereto and under no circumstances shall HSBC Bank USA, National Association Xxxxx Fargo in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any Agreement. The obligations of Xxxxx Fargo under this Agreement are limited recourse obligations, payable solely from the Swap Agreement, subject to and in accordance with the priority of payments and other related documents, and (v) the parties hereto acknowledge and agree that under (a) terms of the Pooling and Servicing Agreement, and (biv) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by any resignation or removal of Xxxxx Fargo as trustee on behalf of the Supplemental Interest Trust Trustee or shall require the Securities Administratorassignment of this Agreement to Xxxxx Fargo's replacement, make all payments hereunder and (v) Xxxxx Fargo has been directed, pursuant to the account specified below. DBAG shall be entitled Pooling and Servicing Agreement, to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct enter into this Agreement and to have been signedperform its obligations hereunder. References in this clause to “a party” shall, sent or made by in the Securities Administrator.case of UBS AG and where the context so allows, include reference to any affiliate of UBS AG. Account Details Currency: USD Correspondent Bank: UBS AG, XXXXXXXX BRANCH Swift Address: XXXXXX00XXX Favour: UBS AG LONDON BRANCH Swift Address: XXXXXX0XXXX Account No: 101-wa-140007-000 Further Credit To: Swift Address: Account No:

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the Supplement of Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1 is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 2 contracts

Samples: Master Agreement (Sasco 2006-Bc1), Master Agreement (Sasco 2006-Bc1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association Association, not in its individual capacity but solely individually or personally xxx xolely as trustee for Trustee of the Supplement Interest Trust created under the Pooling and Servicing Agreement referred pursuant to in this Confirmation which the Trust was formed, in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set for the therein, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust by Wells Fargo Bank, National Association is made and intended not as personal representationsa pexxxxxl representation, undertakings and agreements by HSBC undertaking or agreement of Wells Fargo Bank, National Association Association, but is made and intended solely for the purposes purpose of binding bxxxxxg only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAupon Wells Fargo Bank, National Association, individually or personally, to perform xxxxxrm any covenant (either expressed express or implied implied) contained herein, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity be personally liable for the payment payxxxx of any indebtedness or expenses of the Trust, or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Confirmation, the Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratordocument.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (ia) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USANational Trust Company ("DBNTC") on behalf of the Bosco Credit II Trust Series 2010-1 (the "Trust") pursuant to a Master Trust Agreement, dated November 19, 2010, among Bosco Credit II, LLC, as Depositor, Deutsche Bank National Association Trust Company, as Certificate Trustee, and Deutsche Bank Trust Company Delaware, as Delaware Trustee (the "Master Trust Agreement"), and not in its individual capacity individually or personally but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Certificate Trustee, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Master Trust Agreement, (iib) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank, National Association DBNTC but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iiic) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationDBNTC, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person or entity claiming by, through or under the parties hereto, and (ivd) under no circumstances shall HSBC Bank USA, National Association in its individual capacity DBNTC be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Agreement or otherwise. All persons and entities having any claim against the Trust by reason of the transactions contemplated by this Agreement shall look only to the Trust Estate (as defined in the Master Trust Agreement) of the Trust for payment or satisfaction thereof and it is the specific intent and understanding that the Certificate Trustee executing on behalf of the Trust has no obligation to perform any of the obligations of the Trust (whether the Trust is referenced as Borrower, Company, Borrower Subsidiary, Owner or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratordefined term).

Appears in 2 contracts

Samples: Loan Servicing Agreement (Franklin Credit Management Corp), Loan Servicing Agreement (Franklin Credit Holding Corp/De/)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USADEUTSCHE BANK NATIONAL TRUST COMPANY, National Association not in its individual capacity individually or personally but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation of AMERIQUEST MORTGAGE SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2005-R3, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust AMERIQUEST MORTGAGE SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2005-R3 is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association DEUTSCHE BANK NATIONAL TRUST COMPANY but is made and intended for the purposes purpose of binding only the Supplement Interest TrustAMERIQUEST MORTGAGE SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2005-R3, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationDEUTSCHE BANK NATIONAL TRUST COMPANY, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity DEUTSCHE BANK NATIONAL TRUST COMPANY be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.Party B represents that:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc. Series 2005-R3), Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc. Series 2005-R3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the Supplement of Supplemental Interest Trust, Structured Asset Investment Loan Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2006-BNC2, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-BNC2 is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest TrustTrust Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-BNC2, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-BNC2 under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 2 contracts

Samples: Master Agreement (Sail 2006-Bnc2), Master Agreement (Sail 2006-Bnc2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association Association, not in its individual capacity individually or persoxxxxx but solely as trustee for Trustee of the Supplement Interest Trust created under the Pooling pooling and Servicing Agreement referred servicing agreement pursuant to in this Confirmation which the Trust was formed, in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set forth therein, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust by Wells Fargo Bank, National Association is made and intended not as personal representationsax x xersonal representation, undertakings and agreements by HSBC undertaking or agreement of Wells Fargo Bank, National Association Association, but is made and intended solely for the purposes of purposx xx binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAupon Wells Fargo Bank, National Association, individually or personally, to perform any covenant (either expressed express or implied implied) contained herein, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity be personally liable for the payment txx xxyment of any indebtedness or expenses of the Trust, or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratordocument.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the Supplement of Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1 is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAXxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 2 contracts

Samples: Master Agreement (Sasco 2006-Opt1), Master Agreement (Sasco 2006-Opt1)

Trustee Capacity. Deutsche Bank National Trust Company is signing this Credit Support Annex solely in its capacity as Trustee of the Transferee under the Pooling and Servicing Agreement among NovaStar Mortgage Funding Corporation, NovaStar Mortgage, Inc., U.S. Bank National Association, and Deutsche Bank National Trust Company dated as of November 1, 2006 (the “Pooling and Servicing Agreement”) and in the exercise of the powers and authority conferred and vested in it thereunder and not in its individual capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf stated to be those of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but Transferee is made and intended for the purposes purpose of binding only the Supplement Interest TrustTransferee, (iiiii) nothing herein contained shall be construed as creating any liability on the part of HSBC for Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant (either expressed express or implied implied) contained hereinherein stated to be those of Transferee, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iviii) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Transferee under this Confirmation or Credit Support Annex. All persons having any other related documentsclaim against the Trustee reason of the Transactions contemplated by this Credit Support Annex shall look only to the assets of NovaStar Mortgage Supplemental Interest Trust, and Series 2006-6 (v) subject to the parties hereto acknowledge and agree that under (a) availability of funds therefor in accordance with the Flow of Funds as set forth in Article IV of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee payment or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorsatisfaction thereof.

Appears in 2 contracts

Samples: Master Agreement (NovaStar Certificates Financing CORP), Master Agreement (NovaStar Certificates Financing CORP)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity individually or personally but solely as trustee for of the Supplement Supplemental Interest Trust, BNC Mortgage Loan Trust created under the Pooling and Servicing Agreement referred to in this Confirmation 2007-2, Mortgage Pass-Through Certificates, Series 2007-2, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, BNC Mortgage Loan Trust 2007-2, Mortgage Pass-Through Certificates, Series 2007-2 is made and intended not as personal representations, undertakings and agreements by HSBC Bank, U.S. Bank National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, BNC Mortgage Loan Trust 2007-2, Mortgage Pass-Through Certificates, Series 2007-2, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust, BNC Mortgage Loan Trust Trustee or the Securities Administrator2007-2, make all payments hereunder to the account specified below. DBAG shall be entitled to relyMortgage Pass-Through Certificates, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorSeries 2007-2 under this Agreement.

Appears in 2 contracts

Samples: Master Agreement (BNC Mortgage Loan Trust 2007-2), Master Agreement (BNC Mortgage Loan Trust 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for Trustee of the Supplement Supplemental Interest Trust created under (the Pooling and Servicing Agreement referred to in this Confirmation “Trust”), in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Trust in accordance with the terms of the Trust Agreement. DBAG shall be entitled The parties executing this Credit Support Annex have executed the Master Agreement and have agreed as to relythe contents of this Credit Support Annex. XXXXXX BROTHERS SPECIAL FINANCING INC. U.S. BANK NATIONAL ASSOCIATION, shall be fully protected in relyingSOLELY AS TRUSTEE FOR SUPPLEMENTAL INTEREST TRUST, and shall incur no liability from relying in good faithBNC MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, upon any writingSERIES 2007-1 Party A Party B /s/ Xxxxxxx X. Xxxxxx /s/ Xxxxx X. X'Xxxxx Name: Xxxxxxx X. Xxxxxx Name: Xxxxx X. X'Xxxxx Title: Authorized Signatory Title: Vice President Date: February 28, resolution2007 Date: February 28, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.2007 Table 1

Appears in 2 contracts

Samples: Master Agreement (BNC Mortgage Loan Trust 2007-1), Master Agreement (BNC Mortgage Loan Trust 2007-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A., not in its individual capacity capacity, but solely as trustee for Trustee of the Supplement Interest Trust created Xxxxxxx Xxxxx Mortgage Investors Trust, Series 2006-HE1 (the "Trust") under the Pooling & Servicing Agreement, dated as of February 1, 2006 between the Trust and Servicing Agreement referred to in this Confirmation the Trustee, in the exercise of the powers and authority conferred upon and invested vested in it thereunder and pursuant to instructions set forth therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as a personal representationsrepresentation, undertakings and agreements by HSBC undertaking or agreement of Xxxxx Fargo Bank, National Association N.A., but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAXxxxx Fargo Bank, National Association, N.A. individually or personally, to perform any covenant either expressed express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAXxxxx Fargo Bank, National Association N.A. in its individual Reference Number: FXNEC7840 Xxxxx Fargo Bank, N.A., not in its individual capacity but solely as Trustee for Xxxxxxx Xxxxx Mortgage Investors Trust, Series 2006-HE I February 7, 2006 Page 9 of 16 capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation by the Trust or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-He1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as supplemental interest trustee for of the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Trust in accordance with the terms of the Trust Agreement. DBAG shall be entitled The parties executing this Credit Support Annex have executed the Master Agreement and have agreed as to relythe contents of this Credit Support Annex. XXXXXX BROTHERS SPECIAL FINANCING INC. XXXXX FARGO BANK, shall be fully protected in relyingN.A., and shall incur no liability from relying in good faithNOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF THE SUPPLEMENTAL INTEREST TRUST, upon any writingFOR BNC MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.SERIES 2007-4 Party A Party B /s/ Xxxxx Xxxxxx /s/ Xxxxxx Xxxx Name: Xxxxx Xxxxxx Name: Xxxxxx Xxxx Title: Vice President Title: Vice President

Appears in 1 contract

Samples: Master Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USANational Trust Company, National Association not in its individual capacity individually or personally but solely as trustee for of the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, Deutsche Bank National Association Trust Company but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Agreement or any other related documents. Citibank, N.A. is Regulated and Authorised by The Financial Services Authority and has entered into this Transaction as principal. The time at which the above Transaction was executed will be notified to Party B on request. Please confirm that the foregoing correctly sets forth the terms of our agreement by signing and returning this Confirmation. Yours faithfully, CITIBANK, N.A. By: Name: Title: Confirmed as of the date first written above: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE ON BEHALF OF THE THE TRUST FORMED IN CONNECTION WITH THE ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-W2, PURSUANT TO THE POOLING AND SERVICING AGREEMENT By: Name: Title: EXHIBIT I LOSS MITIGATION ACTION PLAN DEFAULT MITIGATION ACTION SUPPORTING STANDARDS Forbearance Workout Defer any of the following: 1.accrued interest 2.past due principal 3.escrow advances 4.corporate advances 5.ancillary fees 6.any combination of the above Borrower documents a temporary financial hardship resulting in request for a forbearance Borrower documents financial ability to pay under the proposed forbearance terms Borrower expresses a willingness to perform. Current monthly payments are scheduled to be made prior to late charge date during the forbearance term Loan Modification Workout Any of the following: 1.waive accrued interest 2.waive past due principal 3.waive corporate advances 4.waive ancillary fees 5.reduce principal 6.reduce interest rate 7.any combination of the above items 8.any combination with the Forbearance items Borrower documents a non-temporary financial hardship resulting in the request for a loan modification Borrower documents financial ability to pay under the proposed loan modification terms Borrower does not have the ability to pay under the original loan terms Borrower expresses a willingness to perform No waiver of escrow advances (vtaxes and insurance) is allowed Short Sale Disposal Waive or negotiate a reduced amount of any of the parties hereto acknowledge following: 1.accrued interest 2.principal 3.escrow advances 4.corporate advances 5.ancillary fees 6.prepayment charges 7.any combination of the above items Sale to a third party Independent appraisal supports sale price No cash to seller (borrower), excluding costs necessary to close Borrower does not have the ability and/or willingness to pay Borrower no longer wants property Short pay-off Disposal Waive or negotiate a reduced amount of any of the following: 1.accrued interest 2.principal 3.escrow advances 4.corporate advances 5.ancillary fees 6.prepayment charges 7.any combination of the above items Refinance by independent third party Lender Independent appraisal supports new loan amount New loan is no cash out (i.e. no cash to borrower excluding costs necessary to close) Borrower has expressed his/her unwillingness to pay Anticipated refinance time frame is less than anticipated foreclosure time frame Deed-in-lieu Disposal Borrower has already or will abandon the property or is willing to vacate the property (in a broom sweep condition) on a mutually agreeable date Borrower does not have the ability and/or willingness to pay Independent appraisal confirms property has a value Title is clean Property appears to be resalable based on condition and agree value shown in independent appraisal Property does not appear to have any environmental or hazardous conditions (or such conditions appear to be curable) Foreclosure Disposal Borrower has already or will abandon the property (which may be by an eviction proceeding or mutual agreement) Borrower does not have the ability and/or willingness to pay Independent appraisal confirms property has a value Property appears to be resalable based on condition and value shown in independent appraisal Property does not appear to have any environmental or hazardous conditions (or such conditions appear to be curable) Workouts in the form of either a Forbearance or Loan Modification require that the Borrower document the existence of a financial hardship leading to the payment delinquency and document the ability to make the payments required under (a) the Pooling proposed Forbearance or Loan Modification. If the Borrower fails to meet both of these conditions or the Borrower is uncooperative, a Disposal Loss Mitigation Action will be employed to liquidate the delinquent loan, assuming the Borrower does not otherwise cure the existing default. Each of the Default Mitigation Actions and Servicing AgreementSupporting Standards may not be applicable to each and every loan subject to a default in its monthly payments and in those cases where a Default Mitigation Action or Supporting Standard may be applicable, each is subject to amendment and/or waiver on an individual basis pursuant to applicable federal, state and (b) this Agreementlocal laws, decisional authorities, court orders, instructions of regulatory and/or other governmental authorities, the advice of legal counsel, instructions from the Trustee and changes in the loan servicing standards. EXHIBIT J-1 FORM OF CERTIFICATION TO BE PROVIDED BY THE DEPOSITOR WITH FORM 10-K Re: Argent Securities Administrator may act for Counterparty hereunderInc., and DBAG hereby acknowledges and agrees that it willAsset-Backed Pass-Through Certificates, unless otherwise directed by Series 2005-W2 I, [identify the Supplemental Interest Trust Trustee or the Securities Administratorcertifying individual], make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.certify that:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for Supplemental Interest Trustee of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the terms of the Pooling and Servicing Agreement, dated as of January 1, 2007 (the “Pooling and Servicing Agreement”), among Bond Securitization, L.L.C., as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, Xxxxxx Loan Servicing LP, as servicer, and U.S. Bank National Association, as trustee, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as personal representations, undertakings and agreements by HSBC Bank, U.S. Bank National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Confirmation or any other related documents, and (v) as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and (b) indicates agreement to those terms. When referring to this AgreementConfirmation, please indicate: JPMorgan Deal Number(s): 0000000000000 / 0070009845 JPMorgan Chase Bank, N.A. /s/ Xxxxxx X. Xxxxxxxx Xx. Name: . /s/ Xxxxxx X. Xxxxxxxx Xx. Title: Associate Accepted and confirmed as of the Securities Administrator may act for Counterparty hereunderdate first written: U.S. BANK NATIONAL ASSOCIATION, and DBAG hereby acknowledges and agrees that it willnot in its individual capacity, unless otherwise directed by but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust Trustee or created under the Securities Administrator, make all payments hereunder Pooling and Servicing Agreement relating to the account specified below. DBAG shall C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB1 /s/ X. Xxxxxxxxxxxxxx Name: X. Xxxxxxxxxxxxxx Title: Vice President Your reference number: Exhibit A Period Start Period End Notional 02/07/07 02/25/07 216,860,000.00 02/25/07 03/25/07 211,485,523.20 03/25/07 04/25/07 205,049,651.52 04/25/07 05/25/07 197,625,480.82 05/25/07 06/25/07 189,270,959.09 06/25/07 07/25/07 180,068,447.48 07/25/07 08/25/07 170,289,194.79 08/25/07 09/25/07 160,171,956.22 09/25/07 10/25/07 149,972,050.98 10/25/07 11/25/07 139,906,539.65 11/25/07 12/25/07 130,155,636.34 12/25/07 01/25/08 120,828,403.70 01/25/08 02/25/08 111,921,985.39 02/25/08 03/25/08 103,378,001.23 03/25/08 04/25/08 95,038,802.18 04/25/08 05/25/08 94,314,000.00 05/25/08 06/25/08 94,314,000.00 06/25/08 07/25/08 94,314,000.00 07/25/08 08/25/08 94,314,000.00 08/25/08 09/25/08 94,314,000.00 09/25/08 10/25/08 94,314,000.00 10/25/08 11/25/08 94,314,000.00 11/25/08 12/25/08 94,314,000.00 12/25/08 01/25/09 94,314,000.00 01/25/09 02/25/09 94,314,000.00 02/25/09 03/25/09 94,314,000.00 03/25/09 04/25/09 94,314,000.00 04/25/09 05/25/09 94,314,000.00 05/25/09 06/25/09 94,314,000.00 06/25/09 07/25/09 94,314,000.00 07/25/09 08/25/09 94,314,000.00 08/25/09 09/25/09 94,314,000.00 09/25/09 10/25/09 94,314,000.00 10/25/09 11/25/09 87,494,687.17 11/25/09 12/25/09 82,858,580.26 12/25/09 01/25/10 79,870,429.05 01/25/10 02/25/10 76,991,239.42 02/25/10 03/25/10 74,216,954.98 03/25/10 04/25/10 71,043,863.85 04/25/10 05/25/10 68,498,028.40 05/25/10 06/25/10 66,044,018.55 06/25/10 07/25/10 63,678,475.81 07/25/10 08/25/10 61,398,167.56 08/25/10 09/25/10 59,119,224.47 09/25/10 10/25/10 57,005,048.65 10/25/10 11/25/10 54,966,821.69 11/25/10 12/25/10 53,001,785.21 12/25/10 01/25/11 51,107,283.07 01/25/11 02/25/11 49,280,757.42 02/25/11 03/25/11 47,519,744.96 03/25/11 04/25/11 45,821,873.34 Client Service Group All queries regarding confirmations should be entitled to relysent to: JPMorgan Chase Bank, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable:

Appears in 1 contract

Samples: Master Agreement (C-Bass 2007-Cb1 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the trustee for the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2006-Ar1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for Supplemental Interest Trustee of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the terms of the Pooling and Servicing Agreement, dated as of May 1, 2007 (the “Pooling and Servicing Agreement”), among Asset Backed Funding Corporation, as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, Lxxxxx Loan Servicing LP, as servicer, and LaSalle Bank National Association, as trustee, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as personal representations, undertakings and agreements by HSBC Bank, LaSalle Bank National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Confirmation or any other related documents, and (v) as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and (b) indicates agreement to those terms. When referring to this AgreementConfirmation, please indicate: JPMorgan Deal Number(s): #6900037652779 / 0095008862 JPMorgan Chase Bank, N.A. Name: /s/ Lxxxx Xxxxxx Title: Associate Accepted and confirmed as of the Securities Administrator may act for Counterparty hereunderdate first written: LaSalle Bank National Association, and DBAG hereby acknowledges and agrees that it willnot in its individual capacity, unless otherwise directed by but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust Trustee or with respect to C-BASS 2007-CB5 Trust, C-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB5 Name: /s/ Sxxxx X. Xxxx Title: Vice President Your reference number: Client Service Group All queries regarding confirmations should be sent to: JPMorgan Chase Bank, N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable: Please quote the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.JPMorgan deal number(s): #6900037652779 / 0095008862

Appears in 1 contract

Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association not in its individual indxxxxxal capacity but solely as trustee for the Supplement Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set for the therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Securitized Asset Backed Receivables LLC Trust 2006-FR3 is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Wells Fargo Bank, National Association but is made and intended anx xxxended for the purposes of binding only the Supplement Interest TrustSecuritized Asset Backed Receivables LLC Trust 2006-FR3, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAupon Wells Fargo Bank, National Association, individually or personallyxx xxrsonally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity xapacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association U.S. BANK NATIONAL ASSOCIATION not in its individual capacity capacity, but solely as trustee Swap Trustee for the Supplement Interest Swap Ttust for the X.X. Xxxxxx Alternative Loan Trust created 2006-A7, Mortgage Pass-Through Certificates, Series 2006-A7 under the Pooling and Servicing Agreement referred to in this Confirmation Agreement, dated as of November 1, 2006 (the "Pooling and Servicing Agreement"), among X.X. Xxxxxx Acceptance Corporation I, as depositor, X.X. Xxxxxx Mortgage Acquisition Corp., as seller, HSBC Bank USA, as trustee, U.S. Bank National Association, as master servicer, securities administrator, and swap trustee, in the exercise of the powers and authority conferred and invested vested in it thereunder thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC U.S. Bank USANational Association, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documentsConfirmation, (iii) each of the representations, undertakings and agreements herein made on behalf of the Counterparty is made and intended not as personal representations, undertakings and agreements of the Counterparty, and (viv) nothing contained herein shall be construed as creating any liability on U.S. Bank National Association, individually or personally, to perform any covenants either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto acknowledge and agree by any person claiming by, through or under the parties hereto. Please confirm that under (a) the Pooling foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that returning it will, unless otherwise directed to us or by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder sending to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, us a letter, telegramtelex or facsimile substantially similar to this letter, which letter, telex or facsimile or telephone messagesets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, statement or other document or conversation believed by it to be genuine and correct and to have been signedplease indicate: JPMorgan Deal Number(s): 6900028457986 JPMorgan Chase Bank, sent or made by the Securities Administrator.N.A. Name:

Appears in 1 contract

Samples: J.P. Morgan Alternative Loan Trust 2006-A7

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association not in its individual indxxxxxal capacity but solely as trustee for the Supplement Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set for the therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Securitized Asset Backed Receivables LLC Trust 2006-FR2 is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Wells Fargo Bank, National Association but is made and intended anx xxxended for the purposes of binding only the Supplement Interest TrustSecuritized Asset Backed Receivables LLC Trust 2006-FR2, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAupon Wells Fargo Bank, National Association, individually or personallyxx xxrsonally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity xapacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for of the Supplement Supplemental Interest Trust, GreenPoint Mortgage Funding Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-AR2, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, GreenPoint Mortgage Funding Trust Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-AR2, is made and intended not as personal representations, undertakings and agreements by HSBC Bank, U.S. Bank National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, GreenPoint Mortgage Funding Trust Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-AR2, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust, GreenPoint Mortgage Funding Trust Trustee or the Securities AdministratorMortgage Loan Trust Mortgage Pass-Through Certificates, make all payments hereunder to the account specified below. DBAG shall be entitled to relySeries 2007-AR2, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorunder this Agreement.

Appears in 1 contract

Samples: Master Agreement (Greenpoint Mortgage Funding Trust 2007-Ar2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC BankBank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee Deutsche Bank National Trust Company (i) this Confirmation is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity but solely as trustee for Trustee on behalf of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation PSA in the exercise of the powers and authority conferred and invested in it thereunder as trustee thereunder, (ii) Deutsche Bank National Trust Company has been directed pursuant to the PSA to enter this Agreement and perform its obligations hereunder on behalf of the Trust, (iii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, representations of Deutsche Bank National Association Trust Company but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iiiiv) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties heretosuch parties, and (ivv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any Confirmation, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust. We are very pleased to have entered into this Transaction with you and we look forward to completing other related documentstransactions with you in the near future. Very truly yours, MXXXXX SXXXXXX CAPITAL SERVICES INC. By: /s/ Dxxxx X. Xxxxx Name: Dxxxx X. Xxxxx Title: Vice President Party B, acting through its duly authorized signatory, hereby agrees to, accepts and (v) confirms the parties hereto acknowledge and agree that under (a) terms of the Pooling and Servicing Agreementforegoing as of the Trade Date. DEUTSCHE BANK NATIONAL TRUST COMPANY, and (b) this Agreementnot individually, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by but solely as Trustee on behalf of the Supplemental Interest Trust Trustee or the with respect to Saxon Asset Securities AdministratorTrust 2007-3, make all payments hereunder to the account specified below. DBAG shall be entitled to relyMortgage Loan Asset Backed Certificates, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.Series 2007-3 By: /s/ Kxxxxxx Xxxxxxxxx Name: Kxxxxxx Xxxxxxxxx Title: Authorized Signer SCHEDULE I Line Calculation Period Notional Amount ($) 1 Effective Date 8/25/2007 1,311,208,000.00 2 8/25/2007 9/25/2007 1,266,411,824.42 3 9/25/2007 10/25/2007 1,222,814,514.63 4 10/25/2007 11/25/2007 1,180,342,222.35 5 11/25/2007 12/25/2008 1,138,927,072.58 6 12/25/2007 1/25/2008 1,098,507,926.11 7 1/25/2008 2/25/2008 1,059,030,222.70 8 2/25/2008 3/25/2008 1,020,445,805.23 9 3/25/2008 4/25/2008 982,712,766.92 10 4/25/2008 5/25/2008 945,796,133.24 11 5/25/2008 6/25/2008 909,678,344.61 12 6/25/2008 7/25/2008 874,334,658.56 13 7/25/2008 8/25/2008 839,750,021.08 14 8/25/2008 9/25/2008 805,925,635.82 15 9/25/2008 10/25/2008 772,892,431.03 16 10/25/2008 11/25/2008 741,082,035.54 17 11/25/2008 12/25/2008 710,577,584.99 18 12/25/2008 1/25/2009 681,198,904.27 19 1/25/2009 2/25/2009 653,042,013.16 20 2/25/2009 3/25/2009 626,199,238.85 21 3/25/2009 4/25/2009 600,290,450.82 22 4/25/2009 5/25/2009 575,639,217.52 23 5/25/2009 6/25/2009 550,128,026.30 24 6/25/2009 7/25/2009 441,228,657.44 25 7/25/2009 8/25/2009 420,685,477.12 26 8/25/2009 9/25/2009 403,773,457.56 27 9/25/2009 10/25/2009 387,452,794.32 28 10/25/2009 11/25/2009 371,892,301.80 29 11/25/2009 12/25/2009 355,833,190.94 30 12/25/2009 1/25/2010 292,728,325.15 33 3/25/2010 4/25/2010 256,521,201.85 34 4/25/2010 5/25/2010 246,331,394.60 35 5/25/2010 6/25/2010 233,641,525.11 36 6/25/2010 7/25/2010 175,787,955.31 37 7/25/2010 8/25/2010 162,995,859.39 38 8/25/2010 9/25/2010 156,927,315.32 39 9/25/2010 10/25/2010 150,480,028.01 40 10/25/2010 11/25/2010 144,815,775.85 41 11/25/2010 12/25/2010 138,004,930.44 42 12/25/2010 1/25/2011 115,239,849.63 43 1/25/2011 2/25/2011 108,109,157.82 44 2/25/2011 3/25/2011 104,251,493.73 45 3/25/2011 4/25/2011 100,333,855.15 46 4/25/2011 5/25/2011 96,732,385.00 47 5/25/2011 6/25/2011 92,823,463.02 48 6/25/2011 7/25/2011 83,927,101.10 49 7/25/2011 8/25/2011 80,042,214.99 50 8/25/2011 9/25/2011 77,246,182.89 51 9/25/2011 10/25/2011 74,547,021.59 52 10/25/2011 11/25/2011 71,941,403.39 53 11/25/2011 12/25/2011 69,426,113.80 54 12/25/2011 1/25/2012 66,998,047.78 55 1/25/2012 2/25/2012 64,654,207.06 56 2/25/2012 3/25/2012 62,391,693.37 57 3/25/2012 Termination Date 60,207,708.32

Appears in 1 contract

Samples: Master Agreement (Sast 2007-3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation Agreement is executed by the Trustee Deutsche Bank National Trust Company (i) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity but solely as trustee for the Supplement Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation PSA in the exercise of the powers and authority conferred and invested vested in it thereunder as trustee thereunder, (ii) Deutsche Bank National Trust Company has been directed pursuant to the PSA to enter this Agreement and perform its obligations hereunder on behalf of the Trust, (iii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, representations of Deutsche Bank National Association Trust Company but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iiiiv) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained hereinherein (including, for the avoidance of doubt, any liability, individually or personally, for any failure or delay in making a payment hereunder to Party A due to any failure or delay in receiving amounts held in the account held by the Trust created pursuant to the PSA or any inability to provide any correct withholding certificate from a Certificateholder provided to the Trustee), all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties heretosuch parties, and (ivv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, as to all of which recourse shall be had solely to the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by assets of the Supplemental Interest Trust Trust. The Trustee or acknowledges that Section 11.13 of the Securities AdministratorPSA provides that Party A is a third party beneficiary of the PSA, make all payments hereunder to including without limitation, for purposes of the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, standard of care under the PSA and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it the performance of obligations required to be genuine and correct and to have been signed, sent or made performed by the Securities AdministratorTrustee under the PSA.

Appears in 1 contract

Samples: Master Agreement (Sast 2007-3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust trust is made and intended not as personal representations, undertakings and agreements by HSBC BankBank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trusttrust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee HSBC Bank USA, National Association or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association (the Trustee) not in its individual capacity individually or personally but solely as trustee for of the Supplement Supplemental Interest Trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Annex or any other related documentsdocuments as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA. DEUTSCHE BANK AG, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing AgreementNEW YORK BRANCH HSBC BANK USA, and (b) this AgreementNATIONAL ASSOCIATION, the Securities Administrator may act not in its individual or corporate capacity but solely as Trustee for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President EXHIBIT A FIRST TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps, caps, floors and transaction-specific xxxxxx: Weighted Average Life of Hedge in Years Interest Rate Xxxxxx Weekly Valuation Dates: Less than 1 year 0.25% Equal to or greater than 1 year but less than 2 years 0.50% Equal to or greater than 2 years but less than 3 years 0.70% Equal to or greater than 3 years but less than 4 years 1.00% Equal to or greater than 4 years but less than 5 years 1.20% Equal to or greater than 5 years but less than 6 years 1.40% Equal to or greater than 6 years but less than 7 years 1.60% Equal to or greater than 7 years but less than 8 years 1.80% Equal to or greater than 8 years but less than 9 years 2.00% Equal to or greater than 9 years but less than 10 years 2.20% Equal to or greater than 10 years but less than 11 years 2.30% Equal to or greater than 11 years but less than 12 years 2.50% Equal to or greater than 12 years but less than 13 years 2.70% Equal to or greater than 13 years but less than 14 years 2.80% Equal to or greater than 14 years but less than 15 years 3.00% Equal to or greater than 15 years but less than 16 years 3.20% Equal to or greater than 16 years but less than 17 years 3.30% Equal to or greater than 17 years but less than 18 years 3.50% Equal to or greater than 18 years but less than 19 years 3.60% Equal to or greater than 19 years but less than 20 years 3.70% Equal to or greater than 20 years but less than 21 years 3.90% Equal to or greater than 21 years but less than 22 years 4.00% Equal to or greater than 22 years but less than 23 years 4.00% Equal to or greater than 23 years but less than 24 years 4.00% Equal to or greater than 24 years but less than 25 years 4.00% Equal to or greater than 25 years but less than 26 years 4.00% Equal to or greater than 26 years but less than 27 years 4.00% Equal to or greater than 27 years but less than 28 years 4.00% Equal to or greater than 28 years but less than 29 years 4.00% Equal to or greater than 29 years but less than 30 years 4.00% Equal to 30 years 4.00% EXHIBIT B SECOND TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps (excludes caps, floors and transaction-specific xxxxxx): Weighted Average Life of Hedge in Years Interest Rate Swaps Weekly Valuation Dates: Less than 1 year 0.60% Equal to or greater than 1 year but less than 2 years 1.20% Equal to or greater than 2 years but less than 3 years 1.70% Equal to or greater than 3 years but less than 4 years 2.30% Equal to or greater than 4 years but less than 5 years 2.80% Equal to or greater than 5 years but less than 6 years 3.30% Equal to or greater than 6 years but less than 7 years 3.80% Equal to or greater than 7 years but less than 8 years 4.30% Equal to or greater than 8 years but less than 9 years 4.80% Equal to or greater than 9 years but less than 10 years 5.30% Equal to or greater than 10 years but less than 11 years 5.60% Equal to or greater than 11 years but less than 12 years 6.00% Equal to or greater than 12 years but less than 13 years 6.40% Equal to or greater than 13 years but less than 14 years 6.80% Equal to or greater than 14 years but less than 15 years 7.20% Equal to or greater than 15 years but less than 16 years 7.60% Equal to or greater than 16 years but less than 17 years 7.90% Equal to or greater than 17 years but less than 18 years 8.30% Equal to or greater than 18 years but less than 19 years 8.60% Equal to or greater than 19 years but less than 20 years 9.00% Equal to or greater than 20 years but less than 21 years 9.00% Equal to or greater than 21 years but less than 22 years 9.00% Equal to or greater than 22 years but less than 23 years 9.00% Equal to or greater than 23 years but less than 24 years 9.00% Equal to or greater than 24 years but less than 25 years 9.00% Equal to or greater than 25 years but less than 26 years 9.00% Equal to or greater than 26 years but less than 27 years 9.00% Equal to or greater than 27 years but less than 28 years 9.00% Equal to or greater than 28 years but less than 29 years 9.00% Equal to or greater than 29 years but less than 30 years 9.00% Equal to 30 years 9.00% For Transactions that are caps, floors, swaps and transaction-specific xxxxxx: Weighted Average Life of Hedge in Years Interest Rate Xxxxxx Weekly Valuation Dates: Less than 1 year 0.75% Equal to or greater than 1 year but less than 2 years 1.50% Equal to or greater than 2 years but less than 3 years 2.20% Equal to or greater than 3 years but less than 4 years 2.90% Equal to or greater than 4 years but less than 5 years 3.60% Equal to or greater than 5 years but less than 6 years 4.20% Equal to or greater than 6 years but less than 7 years 4.80% Equal to or greater than 7 years but less than 8 years 5.40% Equal to or greater than 8 years but less than 9 years 6.00% Equal to or greater than 9 years but less than 10 years 6.60% Equal to or greater than 10 years but less than 11 years 7.00% Equal to or greater than 11 years but less than 12 years 7.50% Equal to or greater than 12 years but less than 13 years 8.00% Equal to or greater than 13 years but less than 14 years 8.50% Equal to or greater than 14 years but less than 15 years 9.00% Equal to or greater than 15 years but less than 16 years 9.50% Equal to or greater than 16 years but less than 17 years 9.90% Equal to or greater than 17 years but less than 18 years 10.40% Equal to or greater than 18 years but less than 19 years 10.80% Equal to or greater than 19 years but less than 20 years 11.00% Equal to or greater than 20 years but less than 21 years 11.00% Equal to or greater than 21 years but less than 22 years 11.00% Equal to or greater than 22 years but less than 23 years 11.00% Equal to or greater than 23 years but less than 24 years 11.00% Equal to or greater than 24 years but less than 25 years 11.00% Equal to or greater than 25 years but less than 26 years 11.00% Equal to or greater than 26 years but less than 27 years 11.00% Equal to or greater than 27 years but less than 28 years 11.00% Equal to or greater than 28 years but less than 29 years 11.00% Equal to or greater than 29 years but less than 30 years 11.00% Equal to 30 years 11.00% Deutsche Bank Deutsche Bank AG New York 00 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Telephone: 000-000-0000 Facsimilie: 000-000-0000 To: HSBC BANK USA, NATIONAL ASSOCIATION, not in its individual or corporate capacity but solely as Trustee or for the Supplemental Interest Trust for Deutsche Alt-A Securities AdministratorMortgage Loan Trust, make all payments hereunder to the account specified belowSeries 2007-AR2 Attn: Corporate Trust & Loan Agency/DBALT 2007-AR2 Fax No: 000-000-0000 From: DEUTSCHE BANK AG, NEW YORK BRANCH Attn: New York Derivatives Documentation Telephone No: 000-000-0000 Fax No: 000-000-0000 Email: XXxxxxxxxxxx.xxxxxxxxxxxxx@xx.xxx Reference: Global No. DBAG shall be entitled to relyN576538N Date: February 28, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.2007 Swap Transaction Confirmation

Appears in 1 contract

Samples: Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar that: (a) the sole recourse in respect of the obligations of Party B hereunder shall be to the Trust Fund (as defined in the Pooling and Servicing Agreement); (b) US Bank is entering into this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not solely in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to and not in this Confirmation its individual capacity; (c) in no case shall US Bank (or any person acting as successor trustee under the exercise Pooling and Servicing Agreement) be personally liable for or on account of any of the powers and authority conferred and invested in it thereunder (ii) each of the statements, representations, undertakings and agreements herein made on behalf warranties, covenants or obligations stated to be those of Party B under the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but is made and intended for the purposes terms of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained hereinthis Confirmation, all such liability, if any, being expressly waived by the parties hereto Party A and by any Person person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, Party A; and (vd) and (d) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, Agreement and (b) in connection with this Agreement, Citibank, N.A., as Trust Administrator under the Securities Administrator Pooling and Servicing Agreement (in such capacity, the “Trust Administrator”) may act for Counterparty Party B hereunder, and DBAG Party A hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to, and otherwise deal directly with, the Trust Administrator on behalf of Party B. Any and all payments made by Party A to the account specified belowTrust Administrator pursuant to this provision shall discharge in full Party A’s obligations to make payments to Party B under this Agreement. DBAG If you have any questions regarding this letter agreement, please contact the Swap Operations Department at the telephone numbers or the facsimile numbers indicated on this Confirmation. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for that purpose and returning it to us. This letter agreement may be executed in several counterparts, each of which shall be entitled deemed an original but all of which together shall constitute one and the same instrument. Very truly yours, Citibank N.A. By:______________________ Accepted and confirmed as of the Trade Date: U.S. Bank National Association, not individually, but solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2006-HE1 By: ________________________________________ As authorized agent or officer for U.S. Bank National Association, not individually, but solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2006-HE1 Schedule A to relythe Confirmation dated as March 30, shall be fully protected 2006 Re: Reference Number: CPC4107 Between Citibank N.A. and U.S. Bank National Association, not individually, but solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2006-HE1. Calculation Period* From and Including To but excluding Notional Amount (USD) 3/30/2006 4/25/2006 2,682,812.0000 4/25/2006 5/25/2006 2,634,468.1048 5/25/2006 6/25/2006 2,580,184.2518 6/25/2006 7/25/2006 2,520,147.0144 7/25/2006 8/25/2006 2,454,589.1162 8/25/2006 9/25/2006 2,383,801.2966 9/25/2006 10/25/2006 2,308,274.4300 10/25/2006 11/25/2006 2,229,513.3413 11/25/2006 12/25/2006 2,152,204.4726 12/25/2006 1/25/2007 2,077,467.9141 1/25/2007 2/25/2007 2,005,224.3144 2/25/2007 3/25/2007 1,935,331.8542 3/25/2007 4/25/2007 1,867,632.6110 4/25/2007 5/25/2007 1,802,148.5744 5/25/2007 6/25/2007 1,738,854.8818 6/25/2007 7/25/2007 1,677,589.9825 7/25/2007 8/25/2007 1,618,049.7251 8/25/2007 9/25/2007 1,557,485.0013 9/25/2007 10/25/2007 1,480,685.3289 10/25/2007 11/25/2007 1,349,262.2907 11/25/2007 12/25/2007 1,212,873.3621 12/25/2007 1/25/2008 1,092,601.0370 1/25/2008 2/25/2008 995,839.2216 2/25/2008 3/25/2008 943,839.9790 3/25/2008 4/25/2008 906,016.5770 4/25/2008 5/25/2008 869,642.7606 5/25/2008 6/25/2008 834,616.9502 6/25/2008 7/25/2008 800,885.5332 7/25/2008 8/25/2008 768,398.6086 8/25/2008 9/25/2008 737,109.7678 9/25/2008 10/25/2008 706,975.2182 10/25/2008 11/25/2008 677,953.1725 11/25/2008 12/25/2008 650,010.1781 12/25/2008 1/25/2009 623,097.0060 1/25/2009 2/25/2009 597,174.1476 2/25/2009 3/25/2009 572,204.8362 3/25/2009 4/25/2009 572,204.8362 4/25/2009 5/25/2009 572,204.8362 5/25/2009 6/25/2009 553,514.2619 6/25/2009 7/25/2009 533,395.8769 7/25/2009 8/25/2009 514,016.1228 8/25/2009 9/25/2009 495,347.6311 9/25/2009 10/25/2009 477,364.1050 10/25/2009 11/25/2009 460,040.3203 11/25/2009 12/25/2009 443,352.1100 12/25/2009 1/25/2010 427,275.6134 1/25/2010 2/25/2010 411,788.0289 2/25/2010 3/25/2010 396,867.5736 3/25/2010 4/25/2010 382,493.2925 4/25/2010 5/25/2010 368,645.0969 5/25/2010 6/25/2010 355,303.6626 6/25/2010 7/25/2010 342,450.1188 7/25/2010 8/25/2010 330,066.3049 8/25/2010 9/25/2010 318,134.6994 9/25/2010 10/25/2010 306,638.0544 10/25/2010 11/25/2010 295,555.9624 11/25/2010 12/25/2010 284,848.2070 12/25/2010 1/25/2011 274,526.3025 1/25/2011 2/25/2011 264,582.0230 * Subject to adjustment in relyingaccordance with the Following Business Day Convention Schedule B to the Confirmation dated as of March 30, 2006 Re: Reference Number: CPC4107 Between Citibank N.A. (“Party A”) and shall incur no liability from relying in good faithU.S. Bank National Association, upon any writingnot individually, resolutionbut solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., noticeAsset-Backed Pass-through Certificates, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorSeries 2006-HE1 (“Party B”).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as supplemental interest trustee for of the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Annex or any other related documentsdocuments as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Trust Agreement. The parties executing this Credit Support Annex have executed the Master Agreement and have agreed as to the contents of this Credit Support Annex. XXXXXX BROTHERS SPECIAL FINANCING INC. XXXXX FARGO BANK, N.A., NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF THE SUPPLEMENTAL INTEREST TRUST, FOR BNC MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-4 Party A Party B /s/ Xxxxx Xxxxxx /s/ Xxxxxx Xxxx Name: Xxxxx Xxxxxx Name: Xxxxxx Xxxx Title: Vice President Title: Vice President Date: 1/8/08 Date: 1/8/2008 Transaction Date: 4 January, 2008 To: Xxxxx Fargo Bank N.A., not in its individual capacity, but solely as Trustee of Supplemental Interest Trust, BNC Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2007-4 c/o Wells Fargo Bank, N.A. (“Party B”) 0000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, XX 00000 Attention: Client Manager-BNC Mortgage Loan Trust, Series 2007-4 Telephone: 000-000-0000 Fax: 000-000-0000 From: Xxxxxx Brothers Special Financing Inc. (Party A) Capital Markets Contracts - Legal Xxxxx Xxx Facsimile: 000-000-0000 (United States of America) Telephone: 000-000-0000 Ref. Numbers: Risk ID: 1758857L / Effort ID: N1811011 / Global Deal ID: 3558855 SUBJECT: Swap Transaction Dear Sir or Madam: The purpose of this communication (this “Confirmation”) is to confirm the terms of the interest rate transaction (the “Transaction”), between Xxxxxx Brothers Special Financing Inc. (“Party A”) and Xxxxx Fargo Bank N.A., not in its individual capacity, but solely in its capacity as trustee (the “Trustee”) of the Supplemental Interest Trust, BNC Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-4, a trust (the “Trust” or “Party B”) formed under the trust agreement, dated as of December 1, 2007, among Structured Asset Securities Corporation, as depositor, Aurora Loan Services LLC, as master servicer, Xxxxx Fargo Bank N.A., as trustee, and Risk Management Group, LLC, as credit risk manager (v“Trust Agreement”), which is governed by the laws of the State of New York. This communication constitutes a “Confirmation” as referred to in the Agreement specified below. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement dated as of January 4, 2008, as amended and supplemented from time to time, between Party A and Party B (the “Agreement”). All provisions contained in the Agreement shall govern this Confirmation except as expressly modified below. The definitions and provisions contained in the 2006 ISDA Definitions as published by the International Swaps and Derivatives Association, Inc. (the “Definitions”) are incorporated into this Confirmation. In the parties hereto acknowledge event of any inconsistency between the Definitions and agree the terms of this Confirmation, this Confirmation will govern. For the purpose of the Definitions, references herein to a “Transaction” shall be deemed to be references to a “Swap Transaction”. Party A and Party B each represents that under entering into the Transaction is within its capacity, is duly authorized and does not violate any laws of its jurisdiction of organization or residence or the terms of any agreement to which it is a party. Party A and Party B each represents that (a) it is not relying on the Pooling and Servicing Agreementother party in connection with its decision to enter into this Transaction, and neither party is acting as an advisor to or fiduciary of the other party in connection with this Transaction regardless of whether the other party provides it with market information or its views; (b) this Agreementit understands the risks of the Transaction and any legal, the Securities Administrator may act for Counterparty hereunderregulatory, tax, accounting and DBAG hereby acknowledges economic consequences resulting therefrom; and agrees that (c) it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, has determined based upon its own judgment and shall incur no liability from relying in good faith, upon any writingadvice received from its own professional advisors as it has deemed necessary to consult that entering into the Transaction is appropriate for such party in light of its financial capabilities and objectives. Party A and Party B each represents that upon due execution and delivery of this Confirmation, resolutionit will constitute a legally valid and binding obligation, noticeenforceable against it in accordance with its terms, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it subject to be genuine applicable principles of bankruptcy and correct creditors’ rights generally and to have been signedequitable principles of general application. XXXXXX BROTHERS SPECIAL FINANCING INC. XXXXXX BROTHERS INC. 000 XXXXXXX XXXXXX, sent or made by XXX XXXX XX 00000 The terms of the Securities Administratorparticular Transaction to which this Confirmation relates are as follows: General Terms: Trade Date: 4 January, 2008 Effective Date: 25 January, 2008 Termination Date: 25 December, 2013, subject to adjustment in accordance with the Following Business Day Convention.

Appears in 1 contract

Samples: Master Agreement (BNC CORP Mortgage Loan Trust 2007-Bnc4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association N.A. (the Trustee) not in its individual capacity individually or xxxxonally but solely as trustee for of the Supplement Interest Trust trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Trust in accordance with the terms of the PSA and the Agreement. DBAG shall be entitled to relyCredit Suisse International WELLS FARGO BANK, shall be fully protected N.A., not in relyingits individual or corporate capacity but solely as Trustee on behalf of CREDIT SUISSE COMMERCIAL MORTGAGE TRUST 2007-C1 By: /s/ Marlene Nobile By: /s/ Amy Mofsenson ---------------------------- -------------------------------- Name: Marlene Nobile Name: Amy Mofsenson Title: Authorizex Xxxxxxxxx Title: Vice Presxxxxx Xx: /s/ Steven J. Reis ---------------------------- Name: Steven J. Reis Xxxxx: Xxxxxxxzed Signatory CSMC 2007-C1 CSA EXHIBIT A FIRST TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps, caps, floors and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.transaction-specific hedges:

Appears in 1 contract

Samples: Credit Suisse Commercial Mortgage Trust, Series 2007-C1

Trustee Capacity. Deutsche Bank National Trust Company is signing this Credit Support Annex solely in its capacity as Trustee of Party B under the Pooling and Servicing Agreement among NovaStar Mortgage Funding Corporation, NovaStar Mortgage, Inc., U.S. Bank National Association, and Deutsche Bank National Trust Company dated as of November 1, 2006 (the “Pooling and Servicing Agreement”) and in the exercise of the powers and authority conferred and vested in it thereunder and not in its individual capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf stated to be those of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but Party B is made and intended for the purposes purpose of binding only the Supplement Interest TrustParty B, (iiiii) nothing herein contained shall be construed as creating any liability on the part of HSBC for Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant (either expressed express or implied implied) contained hereinherein stated to be those of Party B, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iviii) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation or Credit Support Annex. All persons having any other related documentsclaim against the Trustee reason of the Transactions contemplated by this Credit Support Annex shall look only to the assets of NovaStar Mortgage Supplemental Interest Trust, and Series 2006-6 (v) subject to the parties hereto acknowledge and agree that under (a) availability of funds therefor in accordance with the Flow of Funds as set forth in Article IV of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee payment or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorsatisfaction thereof.

Appears in 1 contract

Samples: Master Agreement (NovaStar Certificates Financing CORP)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity but solely as trustee Trustee for the Supplement Interest Trust created benefit of RASC Series 2006-KS6 Trust, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-KS6 under the Pooling and Servicing Agreement referred to Agreement, dated as of July 1, 2006 (the "Pooling and Servicing Agreement"), among Residential Asset Securities Corporation, as Depositor, Residential Funding Corporation, as Master Servicer, and U.S. Bank National Association, not in this Confirmation its individual capacity but solely as Trustee, in the exercise of the powers and authority conferred and invested vested in it thereunder thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC U.S. Bank USANational Association, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documentsConfirmation, and (viii) each of the parties hereto acknowledge representations, undertakings and agree agreements herein made on behalf of the Counterparty is made and intended not as personal representations, undertakings and agreements of the Counterparty. Please confirm that under (a) the Pooling foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that returning it will, unless otherwise directed to us or by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder sending to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, us a letter, telegramtelex or facsimile substantially similar to this letter, which letter, telex or facsimile or telephone messagesets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, statement or other document or conversation believed by it to please indicate: JPMorgan Deal Number(s): 6900025873663 JPMorgan Chase Bank, N.A. [GRAPHIC OMITTED][GRAPHIC OMITTED]STARTSIGNATURE:U284298 ------------------------------------------------------------------- Name: Xxxxxx X. Xxxxxxxx Xx. ----------------------------------------------------- Title: Associate ----------------------------------------------------- Accepted and confirmed as of the date first written: U.S. Bank National Association, not in its individual capacity but solely as Trustee for the benefit of RASC Series 2006-KS6 Trust, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-KS6 ------------------------------------------------------------------- Name: ----------------------------------------------------- Title: ----------------------------------------------------- Your reference number: ----------------------------------- Exhibit A Period Period Start Period End Swap Balance 1 07/28/06 08/25/06 529,098,000.00 2 08/25/06 09/25/06 525,551,633.70 3 09/25/06 09/26/06 520,186,641.33 4 09/26/06 09/27/06 512,965,564.63 5 09/27/06 09/28/06 503,913,285.19 6 09/28/06 09/29/06 493,038,485.69 7 09/29/06 09/30/06 480,367,517.80 8 09/30/06 10/01/06 465,945,917.04 9 10/01/06 10/02/06 449,849,788.06 10 10/02/06 10/03/06 432,166,119.22 11 10/03/06 10/04/06 413,455,239.96 12 10/04/06 10/05/06 393,840,726.16 13 10/05/06 10/06/06 375,128,520.34 14 10/06/06 10/07/06 357,284,033.11 15 10/07/06 10/08/06 340,266,483.12 16 10/08/06 10/09/06 324,037,005.73 17 10/09/06 10/10/06 308,558,598.89 18 10/10/06 10/11/06 293,799,201.35 19 10/11/06 10/12/06 279,721,523.69 20 10/12/06 10/13/06 266,293,661.76 21 10/13/06 10/14/06 253,485,225.17 22 10/14/06 10/15/06 241,047,924.40 23 10/15/06 10/16/06 218,200,591.43 24 10/16/06 10/17/06 197,667,418.85 25 10/17/06 10/18/06 179,227,702.64 26 10/18/06 10/19/06 162,631,772.85 27 10/19/06 10/20/06 147,781,472.55 28 10/20/06 10/21/06 139,374,623.79 29 10/21/06 10/22/06 131,422,369.00 30 10/22/06 10/23/06 123,899,143.75 31 10/23/06 10/24/06 116,780,871.90 32 10/24/06 10/25/06 110,044,929.76 33 10/25/06 10/26/06 103,669,829.73 34 10/26/06 10/27/06 97,635,414.17 35 10/27/06 10/28/06 97,635,414.17 36 10/28/06 10/29/06 96,543,746.68 37 10/29/06 10/30/06 91,723,890.82 38 10/30/06 10/31/06 87,159,033.37 39 10/31/06 11/01/06 82,836,175.68 40 11/01/06 11/02/06 78,740,758.82 41 11/02/06 11/03/06 74,860,244.11 42 11/03/06 11/04/06 71,182,807.44 43 11/04/06 11/05/06 67,697,297.71 44 11/05/06 11/06/06 64,393,197.63 45 11/06/06 11/07/06 61,260,586.86 46 11/07/06 11/08/06 58,290,107.36 47 11/08/06 11/09/06 55,472,930.68 48 11/09/06 11/10/06 52,800,727.32 Client Service Group All queries regarding confirmations should be genuine and correct and to have been signedsent to: JPMorgan Chase Bank, sent or made by the Securities Administrator.N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000

Appears in 1 contract

Samples: RASC Series 2006-Ks6 Trust

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Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWxxxx Fargo Bank, National Association N.A. not in its individual capacity but solely as trustee for the Supplement Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Park Place Securities, Inc. Asset-Backed Pass-Through Certificates, Series 2005-WHQ3 is made and intended not as personal representations, undertakings and agreements by HSBC Wxxxx Fargo Bank, National Association N.A. but is made and intended for the purposes of binding only the Supplement Interest TrustPark Place Securities, Inc. Asset-Backed Pass-Through Certificates, Series 2005-WHQ3, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAWxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ,and (iv) under no circumstances shall HSBC Bank USAWxxxx Fargo Bank, National Association N.A. in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Park Place Securities Inc. Asset Backed Pass Through Certificates Series 2005-Whq3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity or corporate capacity, but solely as trustee for Supplemental Interest Trust Trustee on behalf of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-4, in the exercise of the powers and authority conferred upon and invested vested in it thereunder thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is Party B has not been made and or intended not as personal representationsa representation, undertakings and agreements warranty, covenant, undertaking or agreement by HSBC BankU.S. Bank National Association, National Association in its individual or corporate capacity, but is made and intended for the purposes purpose of binding only the Supplement assets of the Supplemental Interest TrustTrust available therefor in accordance with the terms of the Pooling and Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually in its individual or personallycorporate capacity, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC U.S. Bank USANational Association, National Association in its individual capacity or corporate capacity, be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Agreement or any other related documentsdocument, and (v) as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Master Agreement (CSAB Mortgage-Backed Trust 2006-4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A., not in its individual capacity individually or personally but solely as trustee for the Supplement of Supplemental Interest Trust, Aegis Asset Backed Securities Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2004-4, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-4 is made and intended not as personal representations, undertakings and agreements by HSBC Xxxxx Fargo Bank, National Association N.A. but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-4, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAXxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USAXxxxx Fargo Bank, National Association in its individual capacity N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-4 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation Policy is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association (“HSBC”), (i) this Policy is executed and delivered by HSBC not in its individual capacity but solely as trustee Trustee for Option One Mortgage Loan Trust 2007-HL1 (the Supplement Interest Trust “Trust”), created under the Pooling and Servicing Agreement referred to in this Confirmation Agreement, dated as of April 1, 2007, among Option One Mortgage Acceptance Corporation, as Depositor, Option One Mortgage Corporation, as Servicer, HSBC, as Trustee, and Wxxxx Fargo Bank, N.A., as Master Servicer and Trust Administrator (“Wxxxx Fargo”), in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust Insured is made and intended not as personal representations, undertakings and agreements by HSBC BankHSBC, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationHSBC, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Policy or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this AgreementPolicy, the Securities Wxxxx Fargo, in its capacity as Trust Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, responsible for and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorperform the obligations of Insured hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Hl1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A., not in its individual capacity capacity, but solely as trustee for Trustee of the Supplement Interest Trust created MASTR Alternative Loan Trust, Series 2006-1 (the “Trust”) under the Pooling & Servicing Agreement, dated as of January 1, 2006 between the Trust and the Trustee (the “Pooling and Servicing Agreement referred to in this Confirmation Agreement”), in the exercise of the powers and authority conferred upon and invested vested in it thereunder and pursuant to instructions set forth therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Xxxxx Fargo Bank, National Association N.A., but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAXxxxx Fargo Bank, National Association, N.A. individually or personally, to perform any covenant either expressed express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAXxxxx Fargo Bank, National Association N.A. in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation by the Trust or any other related documents; provided, however, that nothing in this paragraph shall relieve Xxxxx Fargo Bank, N.A. from performing any of its duties and (v) the parties hereto acknowledge and agree that obligations under (a) the Pooling and Servicing Agreement, and (b) this Agreement, Agreement in accordance with the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorstandard of care set forth therein.

Appears in 1 contract

Samples: Assignment Agreement (MASTR Alternative Loan Trust 2006-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as the Counterparty executing this Confirmation Agreement is executed by the U.S. Bank National Association as Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity or personally but solely as trustee for the Supplement Interest Trust created under the Pooling Trustee, as directed by, and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder under, the Pooling and Servicing Agreement and for the purpose of perfecting the interests and rights in this Agreement intended by the Depositor to be conferred upon the Trustee for the benefit of Holders of the Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates Series 2005-9; (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC BankU.S. Bank National Association, National Association but is made and intended for the purposes of binding only the Supplement Interest trust established pursuant to the Pooling and Servicing Agreement (the “Trust, ”); (iii) nothing herein contained shall be be. construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant or agreement either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ; (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity or personally be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Agreement or any other related documents, document; and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, Agreement and (b) in connection with this Agreement, Citibank, N.A., as Paying Agent under the Securities Administrator Pooling and Servicing Agreement (in such capacity, the “Paying Agent”) may act for the Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to and otherwise deal directly with the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, Paying Agent on behalf of the Counterparty and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-9)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAWachovia Bank, National Association Association, not in its individual capacity individually or personally but solely as trustee for the Supplement of Supplemental Interest Trust, Aegis Asset Backed Securities Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2004-5, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-5 is made and intended not as personal representations, undertakings and agreements by HSBC Wachovia Bank, National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-5, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAWachovia Bank, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USAWachovia Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-5 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity or corporate capacity, but solely as trustee for Supplemental Interest Trust Trustee on behalf of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 (the "Supplemental Interest Trust"), in the exercise of the powers and authority conferred upon and invested vested in it thereunder thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is Party B has not been made and or intended not as personal representationsa representation, undertakings and agreements warranty, covenant, undertaking or agreement by HSBC BankU.S. Bank National Association, National Association in its individual or corporate capacity, but is made and intended for the purposes purpose of binding only the Supplement assets of the Supplemental Interest TrustTrust available therefor in accordance with the terms of the Pooling and Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually in its individual or personallycorporate capacity, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC U.S. Bank USANational Association, National Association in its individual capacity or corporate capacity, be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Agreement or any other related documentsdocument, and (v) as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Master Agreement (CSAB Mortgage-Backed Trust 2007-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as supplemental interest trustee for of the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Trust in accordance with the terms of the Trust Agreement; unless the Trustee was grossly negligent or acted with willful misconduct. DBAG shall be entitled The parties executing this Credit Support Annex have executed the Master Agreement and have agreed as to relythe contents of this Credit Support Annex. XXXXXX BROTHERS SPECIAL FINANCING INC. XXXXX FARGO BANK, shall be fully protected in relyingN.A., and shall incur no liability from relying in good faithNOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF THE SUPPLEMENTAL INTEREST TRUST FOR STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.SERIES 2008-1 Party A Party B Name: Name: Title: Title: Date: Date: Table 1

Appears in 1 contract

Samples: Master Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2008-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for of the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Trust in accordance with the terms of the Trust Agreement; unless the Trustee was grossly negligent or acted with willful misconduct. DBAG shall be entitled The parties executing this Credit Support Annex have executed the Master Agreement and have agreed as to relythe contents of this Credit Support Annex. XXXXXX BROTHERS SPECIAL FINANCING INC. XXXXX FARGO BANK, shall be fully protected in relyingN.A., and shall incur no liability from relying in good faithNOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE OF THE TRUST FOR STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.SERIES 2008-1 Party A Party B Name: Name: Title: Title: Date: Date: Table 1 Moody’s First Trigger Factor

Appears in 1 contract

Samples: Master Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2008-1)

Trustee Capacity. Deutsche Bank National Trust Company is signing this Credit Support Annex solely in its capacity as Trustee of the Transferee under the Pooling and Servicing Agreement among NovaStar Mortgage Funding Corporation, NovaStar Mortgage, Inc., U.S. Bank National Association, and Deutsche Bank National Trust Company dated as of February 1, 2007 (the "Pooling and Servicing Agreement") and in the exercise of the powers and authority conferred and vested in it thereunder and not in its individual capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf stated to be those of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association but Transferee is made and intended for the purposes purpose of binding only the Supplement Interest TrustTransferee, (iiiii) nothing herein contained shall be construed as creating any liability on the part of HSBC for Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant (either expressed express or implied implied) contained hereinherein stated to be those of Transferee, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iviii) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Transferee under this Confirmation or Credit Support Annex. All persons having any other related documentsclaim against the Trustee reason of the Transactions contemplated by this Credit Support Annex shall look only to the assets of NovaStar Mortgage Supplemental Interest Trust, and Series 2007-1 (v) subject to the parties hereto acknowledge and agree that under (a) availability of funds therefor in accordance with the Flow of Funds as set forth in Article IV of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee payment or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorsatisfaction thereof.

Appears in 1 contract

Samples: Master Agreement (Novastar Mortgage Funding Trust, Series 2007-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for Supplemental Interest Trustee of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the terms of the Pooling and Servicing Agreement, dated as of May 1, 2007 (the “Pooling and Servicing Agreement”), among Asset Backed Funding Corporation, as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, Lxxxxx Loan Servicing LP, as servicer, and LaSalle Bank National Association, as trustee, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as personal representations, undertakings and agreements by HSBC Bank, LaSalle Bank National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Confirmation or any other related documents, and (v) as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and (b) indicates agreement to those terms. When referring to this AgreementConfirmation, please indicate: JPMorgan Deal Number(s): #2000005092465 JPMorgan Chase Bank, N.A. Name: ./s/ Jxxx Xxxxx Title: Associate Accepted and confirmed as of the Securities Administrator may act for Counterparty hereunderdate first written: LaSalle Bank National Association, and DBAG hereby acknowledges and agrees that it willnot in its individual capacity, unless otherwise directed by but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust Trustee or the Securities Administratorwith respect to C-BASS 2007-CB5 Trust, make all payments hereunder to the account specified below. DBAG shall be entitled to relyC-BASS Mortgage Loan Asset-Backed Certificates, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.Series 2007-CB5 Name: /s/ Sxxxx X. Xxxx Title: Vice President Your reference number:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (C-Bass 2007-Cb5 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAWxxxx Fargo Bank, National Association N.A., not in its individual capacity individually or personally but solely as trustee for the Supplement of Supplemental Interest Trust, Aegis Asset Backed Securities Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2004-3, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-3 is made and intended not as personal representations, undertakings and agreements by HSBC Wxxxx Fargo Bank, National Association N.A. but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-3, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAWxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USAWxxxx Fargo Bank, National Association in its individual capacity N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-3 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association (the Trustee) not in its individual capacity individually or personally but solely as trustee for of the Supplement Supplemental Interest Trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Annex or any other related documentsdocuments as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA. DEUTSCHE BANK AG, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing AgreementNEW YORK BRANCH HSBC BANK USA, and (b) this AgreementNATIONAL ASSOCIATION, the Securities Administrator may act not in its individual or corporate capacity but solely as Trustee for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR6 By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President EXHIBIT A FIRST TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps, caps, floors and transaction-specific xxxxxx: Weighted Average Life of Hedge in Years Interest Rate Xxxxxx Currency Xxxxxx Valuation Dates: Daily Weekly Daily Weekly Less than 1 year 0.15% 0.25% 1.10% 2.20% Equal to or the Securities Administratorgreater than 1 year but less than 2 years 0.30% 0.50% 1.20% 2.40% Equal to or greater than 2 years but less than 3 years 0.40% 0.70% 1.30% 2.60% Equal to or greater than 3 years but less than 4 years 0.60% 1.00% 1.40% 2.80% Equal to or greater than 4 years but less than 5 years 0.70% 1.20% 1.50% 2.90% Equal to or greater than 5 years but less than 6 years 0.80% 1.40% 1.60% 3.10% Equal to or greater than 6 years but less than 7 years 1.00% 1.60% 1.60% 3.30% Equal to or greater than 7 years but less than 8 years 1.10% 1.80% 1.70% 3.40% Equal to or greater than 8 years but less than 9 years 1.20% 2.00% 1.80% 3.60% Equal to or greater than 9 years but less than 10 years 1.30% 2.20% 1.90% 3.80% Equal to or greater than 10 years but less than 11 years 1.40% 2.30% 1.90% 3.90% Equal to or greater than 11 years but less than 12 years 1.50% 2.50% 2.00% 4.00% Equal to or greater than 12 years but less than 13 years 1.60% 2.70% 2.10% 4.10% Equal to or greater than 13 years but less than 14 years 1.70% 2.80% 2.10% 4.30% Equal to or greater than 14 years but less than 15 years 1.80% 3.00% 2.20% 4.40% Equal to or greater than 15 years but less than 16 years 1.90% 3.20% 2.30% 4.50% Equal to or greater than 16 years but less than 17 years 2.00% 3.30% 2.30% 4.60% Equal to or greater than 17 years but less than 18 years 2.00% 3.50% 2.40% 4.80% Equal to or greater than 18 years but less than 19 years 2.00% 3.60% 2.40% 4.90% Equal to or greater than 19 years but less than 20 years 2.00% 3.70% 2.50% 5.00% Equal to or greater than 20 years but less than 21 years 2.00% 3.90% 2.50% 5.00% Equal to or greater than 21 years but less than 22 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 22 years but less than 23 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 23 years but less than 24 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 24 years but less than 25 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 25 years but less than 26 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 26 years but less than 27 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 27 years but less than 28 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 28 years but less than 29 years 2.00% 4.00% 2.50% 5.00% Equal to or greater than 29 years but less than 30 years 2.00% 4.00% 2.50% 5.00% Equal to 30 years 2.00% 4.00% 2.50% 5.00% EXHIBIT B SECOND TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps (excludes caps, make all payments hereunder floors and transaction-specific xxxxxx): Weighted Average Life of Hedge in Years Interest Rate Swaps Currency Swaps Valuation Dates: Daily Weekly Daily Weekly Less than 1 year 0.50% 0.60% 6.10% 7.25% Equal to the account specified below. DBAG shall be entitled or greater than 1 year but less than 2 years 1.00% 1.20% 6.30% 7.50% Equal to relyor greater than 2 years but less than 3 years 1.50% 1.70% 6.40% 7.70% Equal to or greater than 3 years but less than 4 years 1.90% 2.30% 6.60% 8.00% Equal to or greater than 4 years but less than 5 years 2.40% 2.80% 6.70% 8.20% Equal to or greater than 5 years but less than 6 years 2.80% 3.30% 6.80% 8.40% Equal to or greater than 6 years but less than 7 years 3.20% 3.80% 7.00% 8.60% Equal to or greater than 7 years but less than 8 years 3.60% 4.30% 7.10% 8.80% Equal to or greater than 8 years but less than 9 years 4.00% 4.80% 7.20% 9.00% Equal to or greater than 9 years but less than 10 years 4.40% 5.30% 7.30% 9.20% Equal to or greater than 10 years but less than 11 years 4.70% 5.60% 7.40% 9.30% Equal to or greater than 11 years but less than 12 years 5.00% 6.00% 7.50% 9.50% Equal to or greater than 12 years but less than 13 years 5.40% 6.40% 7.60% 9.70% Equal to or greater than 13 years but less than 14 years 5.70% 6.80% 7.70% 9.80% Equal to or greater than 14 years but less than 15 years 6.00% 7.20% 7.80% 10.00% Equal to or greater than 15 years but less than 16 years 6.30% 7.60% 7.90% 10.00% Equal to or greater than 16 years but less than 17 years 6.60% 7.90% 8.00% 10.00% Equal to or greater than 17 years but less than 18 years 6.90% 8.30% 8.10% 10.00% Equal to or greater than 18 years but less than 19 years 7.20% 8.60% 8.20% 10.00% Equal to or greater than 19 years but less than 20 years 7.50% 9.00% 8.20% 10.00% Equal to or greater than 20 years but less than 21 years 7.80% 9.00% 8.30% 10.00% Equal to or greater than 21 years but less than 22 years 8.00% 9.00% 8.40% 10.00% Equal to or greater than 22 years but less than 23 years 8.00% 9.00% 8.50% 10.00% Equal to or greater than 23 years but less than 24 years 8.00% 9.00% 8.60% 10.00% Equal to or greater than 24 years but less than 25 years 8.00% 9.00% 8.60% 10.00% Equal to or greater than 25 years but less than 26 years 8.00% 9.00% 8.70% 10.00% Equal to or greater than 26 years but less than 27 years 8.00% 9.00% 8.80% 10.00% Equal to or greater than 27 years but less than 28 years 8.00% 9.00% 8.80% 10.00% Equal to or greater than 28 years but less than 29 years 8.00% 9.00% 8.90% 10.00% Equal to or greater than 29 years but less than 30 years 8.00% 9.00% 8.90% 10.00% Equal to 30 years 8.00% 9.00% 9.00% 10.00% For Transactions that are caps, shall be fully protected floors, swaptions and transaction-specific xxxxxx: Weighted Average Life of Hedge in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile Years Interest Rate Xxxxxx Currency Xxxxxx Valuation Dates: Daily Weekly Daily Weekly Less than 1 year 0.65% 0.75% 6.30% 7.40% Equal to or telephone message, statement greater than 1 year but less than 2 years 1.30% 1.50% 6.60% 7.80% Equal to or other document greater than 2 years but less than 3 years 1.90% 2.20% 6.90% 8.20% Equal to or conversation believed by it greater than 3 years but less than 4 years 2.50% 2.90% 7.10% 8.50% Equal to be genuine and correct and or greater than 4 years but less than 5 years 3.10% 3.60% 7.40% 8.90% Equal to have been signed, sent or made by the Securities Administrator.greater than 5 years but less than 6 years 3.60% 4.20% 7.70% 9.20% Equal to or greater than 6 years but less than 7 years 4.20% 4.80% 7.90% 9.60% Equal to or greater than 7 years but less than 8 years 4.70% 5.40% 8.20% 9.90% Equal to or greater than 8 years but less than 9 years 5.20% 6.00% 8.40% 10.20% Equal to or greater than 9 years but less than 10 years 5.70% 6.60% 8.60% 10.50% Equal to or greater than 10 years but less than 11 years 6.10% 7.00% 8.80% 10.70% Equal to or greater than 11 years but less than 12 years 6.50% 7.50% 9.00% 11.00% Equal to or greater than 12 years but less than 13 years 7.00% 8.00% 9.20% 11.30% Equal to or greater than 13 years but less than 14 years 7.40% 8.50% 9.40% 11.50% Equal to or greater than 14 years but less than 15 years 7.80% 9.00% 9.60% 11.80% Equal to or greater than 15 years but less than 16 years 8.20% 9.50% 9.80% 11.80% Equal to or greater than 16 years but less than 17 years 8.60% 9.90% 10.00% 12.00% Equal to or greater than 17 years but less than 18 years 9.00% 10.40% 10.10% 12.00% Equal to or greater than 18 years but less than 19 years 9.40% 10.80% 10.30% 12.00% Equal to or greater than 19 years but less than 20 years 9.70% 11.00% 10.50% 12.00% Equal to or greater than 20 years but less than 21 years 10.00% 11.00% 10.70% 12.00% Equal to or greater than 21 years but less than 22 years 10.00% 11.00% 10.80% 12.00% Equal to or greater than 22 years but less than 23 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 23 years but less than 24 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 24 years but less than 25 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 25 years but less than 26 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 26 years but less than 27 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 27 years but less than 28 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 28 years but less than 29 years 10.00% 11.00% 11.00% 12.00% Equal to or greater than 29 years but less than 30 years 10.00% 11.00% 11.00% 12.00%

Appears in 1 contract

Samples: Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as the Counterparty executing this Confirmation Agreement is executed by the U.S. Bank National Association as Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity or personally but solely as trustee for the Supplement Interest Trust created under the Pooling Trustee, as directed by, and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder under, the Pooling and Servicing Agreement and for the purpose of perfecting the interests and rights in this Agreement intended by the Depositor to be conferred upon the Trustee for the benefit of Holders of the Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates Series 2005-HE4; (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC BankU.S. Bank National Association, National Association but is made and intended for the purposes of binding only the Supplement Interest trust established pursuant to the Pooling and Servicing Agreement (the “Trust, ”); (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant or agreement either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ; (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity or personally be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Agreement or any other related documents, document; and (v) the parties hereto acknowledge and agree that under (a) the Cap Administration Agreement and in connection with this Agreement, Citibank, N.A., as Cap Administrator under the Pooling and Servicing Agreement, and Agreement (b) this Agreementin such capacity, the Securities Administrator “Cap Administrator”) may act for the Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to and otherwise deal directly with the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, Cap Administrator on behalf of the Counterparty and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-He4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association (the Trustee) not in its individual capacity individually or personally but solely as trustee for of the Supplement Supplemental Interest Trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Annex or any other related documentsdocuments as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA. DEUTSCHE BANK AG, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing AgreementNEW YORK BRANCH HSBC BANK USA, and (b) this AgreementNATIONAL ASSOCIATION, the Securities Administrator may act not in its individual or corporate capacity but solely as Trustee for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR6 By: /s/ Xxxxxx Xxxxxxx Name: Xxxxxx Xxxxxxx Title: Director By: /s/ Xxxxxxxx Xxxxxxx Name: Xxxxxxxx Xxxxxxx Title: Vice President By: /s/ Xxxxxxxx Xxxx Name: Xxxxxxxx Xxxx Title: Vice President EXHIBIT A FIRST TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps, caps, floors and transaction-specific xxxxxx: Weighted Average Life of Hedge in Years Interest Rate Xxxxxx Weekly Valuation Dates: Less than 1 year 0.25% Equal to or the Securities Administratorgreater than 1 year but less than 2 years 0.50% Equal to or greater than 2 years but less than 3 years 0.70% Equal to or greater than 3 years but less than 4 years 1.00% Equal to or greater than 4 years but less than 5 years 1.20% Equal to or greater than 5 years but less than 6 years 1.40% Equal to or greater than 6 years but less than 7 years 1.60% Equal to or greater than 7 years but less than 8 years 1.80% Equal to or greater than 8 years but less than 9 years 2.00% Equal to or greater than 9 years but less than 10 years 2.20% Equal to or greater than 10 years but less than 11 years 2.30% Equal to or greater than 11 years but less than 12 years 2.50% Equal to or greater than 12 years but less than 13 years 2.70% Equal to or greater than 13 years but less than 14 years 2.80% Equal to or greater than 14 years but less than 15 years 3.00% Equal to or greater than 15 years but less than 16 years 3.20% Equal to or greater than 16 years but less than 17 years 3.30% Equal to or greater than 17 years but less than 18 years 3.50% Equal to or greater than 18 years but less than 19 years 3.60% Equal to or greater than 19 years but less than 20 years 3.70% Equal to or greater than 20 years but less than 21 years 3.90% Equal to or greater than 21 years but less than 22 years 4.00% Equal to or greater than 22 years but less than 23 years 4.00% Equal to or greater than 23 years but less than 24 years 4.00% Equal to or greater than 24 years but less than 25 years 4.00% Equal to or greater than 25 years but less than 26 years 4.00% Equal to or greater than 26 years but less than 27 years 4.00% Equal to or greater than 27 years but less than 28 years 4.00% Equal to or greater than 28 years but less than 29 years 4.00% Equal to or greater than 29 years but less than 30 years 4.00% Equal to 30 years 4.00% EXHIBIT B SECOND TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps (excludes caps, make all payments hereunder floors and transaction-specific xxxxxx): Weighted Average Life of Hedge in Years Interest Rate Swaps Weekly Valuation Dates: Less than 1 year 0.60% Equal to the account specified below. DBAG shall be entitled or greater than 1 year but less than 2 years 1.20% Equal to relyor greater than 2 years but less than 3 years 1.70% Equal to or greater than 3 years but less than 4 years 2.30% Equal to or greater than 4 years but less than 5 years 2.80% Equal to or greater than 5 years but less than 6 years 3.30% Equal to or greater than 6 years but less than 7 years 3.80% Equal to or greater than 7 years but less than 8 years 4.30% Equal to or greater than 8 years but less than 9 years 4.80% Equal to or greater than 9 years but less than 10 years 5.30% Equal to or greater than 10 years but less than 11 years 5.60% Equal to or greater than 11 years but less than 12 years 6.00% Equal to or greater than 12 years but less than 13 years 6.40% Equal to or greater than 13 years but less than 14 years 6.80% Equal to or greater than 14 years but less than 15 years 7.20% Equal to or greater than 15 years but less than 16 years 7.60% Equal to or greater than 16 years but less than 17 years 7.90% Equal to or greater than 17 years but less than 18 years 8.30% Equal to or greater than 18 years but less than 19 years 8.60% Equal to or greater than 19 years but less than 20 years 9.00% Equal to or greater than 20 years but less than 21 years 9.00% Equal to or greater than 21 years but less than 22 years 9.00% Equal to or greater than 22 years but less than 23 years 9.00% Equal to or greater than 23 years but less than 24 years 9.00% Equal to or greater than 24 years but less than 25 years 9.00% Equal to or greater than 25 years but less than 26 years 9.00% Equal to or greater than 26 years but less than 27 years 9.00% Equal to or greater than 27 years but less than 28 years 9.00% Equal to or greater than 28 years but less than 29 years 9.00% Equal to or greater than 29 years but less than 30 years 9.00% Equal to 30 years 9.00% For Transactions that are caps, shall be fully protected floors, swaps and transaction-specific xxxxxx: Weighted Average Life of Hedge in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile Years Interest Rate Xxxxxx Weekly Valuation Dates: Less than 1 year 0.75% Equal to or telephone message, statement greater than 1 year but less than 2 years 1.50% Equal to or other document greater than 2 years but less than 3 years 2.20% Equal to or conversation believed by it greater than 3 years but less than 4 years 2.90% Equal to be genuine and correct and or greater than 4 years but less than 5 years 3.60% Equal to have been signed, sent or made by the Securities Administrator.greater than 5 years but less than 6 years 4.20% Equal to or greater than 6 years but less than 7 years 4.80% Equal to or greater than 7 years but less than 8 years 5.40% Equal to or greater than 8 years but less than 9 years 6.00% Equal to or greater than 9 years but less than 10 years 6.60% Equal to or greater than 10 years but less than 11 years 7.00% Equal to or greater than 11 years but less than 12 years 7.50% Equal to or greater than 12 years but less than 13 years 8.00% Equal to or greater than 13 years but less than 14 years 8.50% Equal to or greater than 14 years but less than 15 years 9.00% Equal to or greater than 15 years but less than 16 years 9.50% Equal to or greater than 16 years but less than 17 years 9.90% Equal to or greater than 17 years but less than 18 years 10.40% Equal to or greater than 18 years but less than 19 years 10.80% Equal to or greater than 19 years but less than 20 years 11.00% Equal to or greater than 20 years but less than 21 years 11.00% Equal to or greater than 21 years but less than 22 years 11.00% Equal to or greater than 22 years but less than 23 years 11.00% Equal to or greater than 23 years but less than 24 years 11.00% Equal to or greater than 24 years but less than 25 years 11.00% Equal to or greater than 25 years but less than 26 years 11.00% Equal to or greater than 26 years but less than 27 years 11.00% Equal to or greater than 27 years but less than 28 years 11.00% Equal to or greater than 28 years but less than 29 years 11.00% Equal to or greater than 29 years but less than 30 years 11.00%

Appears in 1 contract

Samples: Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC BankBank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG BSFP shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USANational Trust Company, National Association not in its individual capacity individually or personally but solely as trustee for Indenture Trustee on behalf of the Supplement Interest Indenture Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the Indenture, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Indenture Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, Deutsche Bank National Association Trust Company but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, Indenture Trust (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Indenture Trust under this Confirmation Agreement or any other related documents. CREDIT SUISSE FIRST BOSTON DEUTSCHE BANK NATIONAL TRUST INTERNATIONAL COMPANY, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS INDENTURE TRUSTEE FOR ARGENT MORTGAGE LOAN TRUST 2005-W1, ASSET-BACKED NOTES, SERIES 2005-W1 By: - Name: Title: Authorized Signatory By: By: - - Name: Name: Title: Authorized Signatory Title: EXHIBIT J FORM OF SWAP ADMINISTRATION AGREEMENT This Swap Administration Agreement, dated as of April 19, 2005 (this "Agreement"), among Deutsche Bank National Trust Company, a national banking association ("Deutsche Bank"), as swap administrator (in such capacity, the "Swap Administrator"), Deutsche Bank, as indenture trustee for Argent Securities Inc., Asset-Backed Notes, Series 2005-W1 (in such capacity, the "Indenture Trustee"), and Argent Mortgage Company, LLC (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator"Seller").

Appears in 1 contract

Samples: Sale and Servicing Agreement (Argent Securities Inc)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as the Counterparty executing this Confirmation Agreement is executed by the U.S. Bank National Association as Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity or personally but solely as trustee for the Supplement Interest Trust created under the Pooling Trustee, as directed by, and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder under, the Pooling and Servicing Agreement and for the purpose of perfecting the interests and rights in this Agreement intended by the Depositor to be conferred upon the Trustee for the benefit of Holders of the Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates Series 2005-9; (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC BankU.S. Bank National Association, National Association but is made and intended for the purposes of binding only the Supplement Interest trust established pursuant to the Pooling and Servicing Agreement (the “Trust, ”); (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant or agreement either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ; (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity or personally be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Agreement or any other related documents, document; and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, Agreement and (b) in connection with this Agreement, Citibank, N.A., as Paying Agent under the Securities Administrator Pooling and Servicing Agreement (in such capacity, the “Paying Agent”) may act for the Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to and otherwise deal directly with the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, Paying Agent on behalf of the Counterparty and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-9)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee Deutsche Bank National Trust Company (i) this Confirmation is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity but solely as trustee for Trustee on behalf of the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation PSA in the exercise of the powers and authority conferred and invested in it thereunder as trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank, National Association representations of the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties heretosuch parties, and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any Confirmation. We are very pleased to have entered into this Transaction with you and we look forward to completing other related documentstransactions with you in the near future. Very truly yours, MXXXXX SXXXXXX CAPITAL SERVICES INC. By: /s/ Dxxxx X. Xxxxx Name: Dxxxx X. Xxxxx Title: Vice President Party B, acting through its duly authorized signatory, hereby agrees to, accepts and (v) confirms the parties hereto acknowledge and agree that under (a) terms of the Pooling and Servicing Agreementforegoing as of the Trade Date. DEUTSCHE BANK NATIONAL TRUST COMPANY, and (b) this Agreementnot individually, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by but solely as Trustee on behalf of the Supplemental Interest Trust Trustee or the with respect to Saxon Asset Securities AdministratorTrust 2007-2, make all payments hereunder to the account specified below. DBAG shall be entitled to relyMortgage Loan Asset Backed Certificates, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.Series 2007-2 By: /s/ Kxxxxxx Xxxxxxxxx Name: Kxxxxxx Xxxxxxxxx Title: Authorized signer SCHEDULE I Line Calculation Period Notional Amount ($) 1 Effective Date 4/25/2008 550,925,553.08 2 4/25/2008 5/25/2008 528,961,753.21 3 5/25/2008 6/25/2008 507,471,838.93 4 6/25/2008 7/25/2008 486,632,188.91 5 7/25/2008 8/25/2008 466,575,606.28 6 8/25/2008 9/25/2008 447,351,364.83 7 9/25/2008 10/25/2008 428,927,317.67 8 10/25/2008 11/25/2008 411,269,831.00 9 11/25/2008 12/25/2008 394,346,697.44 10 12/25/2008 1/25/2009 377,763,371.09 11 1/25/2009 2/25/2009 358,309,053.53 12 2/25/2009 3/25/2009 294,661,700.54 13 3/25/2009 4/25/2009 268,874,649.98 14 4/25/2009 5/25/2009 257,560,607.36 15 5/25/2009 6/25/2009 247,226,960.75 16 6/25/2009 7/25/2009 237,119,000.77 17 7/25/2009 8/25/2009 225,525,390.12 18 8/25/2009 9/25/2009 190,444,025.39 19 9/25/2009 10/25/2009 175,546,179.11 20 10/25/2009 11/25/2009 168,399,049.83 21 11/25/2009 12/25/2009 161,596,319.36 22 12/25/2009 1/25/2010 154,591,897.16 23 1/25/2010 2/25/2010 146,157,915.19 24 2/25/2010 3/25/2010 118,179,132.14 25 3/25/2010 4/25/2010 103,926,619.79 26 4/25/2010 5/25/2010 98,978,743.69 27 5/25/2010 6/25/2010 95,194,824.57 28 6/25/2010 7/25/2010 91,335,478.80 29 7/25/2010 8/25/2010 87,040,386.33 30 8/25/2010 9/25/2010 76,478,893.29 31 9/25/2010 10/25/2010 69,788,255.30 32 10/25/2010 11/25/2010 66,765,020.61 33 11/25/2010 12/25/2010 64,347,314.65 34 12/25/2010 1/25/2011 61,945,159.31 35 1/25/2011 2/25/2011 59,439,452.02 36 2/25/2011 3/25/2011 54,927,894.94 37 3/25/2011 4/25/2011 51,715,071.78 38 4/25/2011 5/25/2011 49,732,491.28 39 5/25/2011 6/25/2011 47,993,421.65 40 6/25/2011 7/25/2011 46,314,590.49 41 7/25/2011 8/25/2011 44,693,931.79 42 8/25/2011 9/25/2011 43,129,449.60 43 9/25/2011 10/25/2011 41,619,215.72 44 10/25/2011 11/25/2011 40,161,367.39 45 11/25/2011 12/25/2011 38,754,105.11 46 12/25/2011 Termination Date 37,395,691.73

Appears in 1 contract

Samples: 1992 Isda Master Agreement (Sast 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for the Supplement Supplemental Interest Trust created under Trustee of the Pooling and Servicing Agreement referred to in this Confirmation Supplemental Interest Trust, in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank, LaSalle Bank National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee under this Annex or the Securities Administrator, make any other related documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Supplemental Interest Trust in accordance with the terms of the PSA. DBAG shall be entitled APPENDIX A COLLATERAL SCHEDULE Eligible Collateral Description or ISDA Collateral Asset Definition (ICAD) Code Remaining Maturity Xxxxx'x Valuation Percentages applicable when a First Trigger Failure Condition (but not a Second Trigger Failure Condition) exists, where the Valuation Date means Xxxxx'x Valuation Percentages applicable when a First Trigger Failure Condition (but not a Second Trigger Failure Condition) exists, where the Valuation Date means Xxxxx'x Valuation Percentages applicable when a Second Trigger Failure Condition Exists, where the Valuation Date means Moody's Valuation Percentages applicable when a Second Trigger Failure Condition Exists, where the Valuation Date means S&P and Fitch Valuation Percentages applicable when (i) a First Trigger Failure Condition Exists or (ii) With Respect to relyFitch, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made a Second Trigger Failure Condition Exists S&P Valuation Percentages applicable when a Second Trigger Failure Condition Exists Daily* Weekly* Daily* Weekly** US-CASH N/A 100% 100% 100% 100% 100% 80.0% EU-CASH N/A 98% 97% 94% 93% 92.6% 74.1% GB-CASH N/A 98% 97% 95% 94% 94.1% 75.3% Fixed Rate Negotiable U.S. Dollar Denominated Treasury Debt Issued by the Securities AdministratorU.S. Treasury Department < 1 Year 100% 100% 100% 100% 98.0% 78.4% 1 to 2 years 100% 100% 99% 99% 98.0% 78.4% 2 to 3 years 100% 100% 98% 98% 98.0% 78.4% 3 to 5 years 100% 100% 97% 97% 98.0% 78.4% 5 to 7 years 100% 100% 96% 95% 92.6% 74.1% 7 to 10 years 100% 100% 94% 94% 92.6% 74.1% 10 to 20 years 100% 100% 90% 89% 87.9%l 70.3% > 20 years 100% 100% 88% 87% 84.6% 67.7% Floating Rate Negotiable U.S. Dollar Denominated Treasury Debt Issued by the U.S. Treasury Department < 1 Year 100% 100% 99% 99% Not Applicable Not Applicable 1 to 2 years 100% 100% 99% 99% Not Applicable Not Applicable 2 to 3 years 100% 100% 99% 99% Not Applicable Not Applicable 3 to 5 years 100% 100% 99% 99% Not Applicable Not Applicable 5 to 7 years 100% 100% 99% 99% Not Applicable Not Applicable 7 to 10 years 100% 100% 99% 99% Not Applicable Not Applicable 10 to 20 years 100% 100% 99% 99% Not Applicable Not Applicable > 20 years 100% 100% 99% 99% Not Applicable Not Applicable Fixed Rate U.S. Dollar Denominated U.S. Agency Debentures < 1 Year 100% 100% 99% 99% 98.0% 78.4% 1 to 2 years 100% 100% 99% 98% 98.0% 78.4% 2 to 3 years 100% 100% 98% 97% 98.0% 78.4% 3 to 5 years 100% 100% 96% 96% 98.0% 78.4% 5 to 7 years 100% 100% 93% 94% 92.6% 74.1% 7 to 10 years 100% 100% 93% 93% 92.6% 74.1% 10 to 20 years 100% 100% 89% 88% 82.6% 66.1% > 20 years 100% 100% 87% 86% 77.9% 62.3% Floating Rate U.S. Dollar Denominated U.S. Agency Debentures < 1 Year 100% 100% 98% 98% Not Applicable Not Applicable 1 to 2 years 100% 100% 98% 98% Not Applicable Not Applicable 2 to 3 years 100% 100% 98% 98% Not Applicable Not Applicable 3 to 5 years 100% 100% 98% 98% Not Applicable Not Applicable 5 to 7 years 100% 100% 98% 98% Not Applicable Not Applicable 7 to 10 years 100% 100% 98% 98% Not Applicable Not Applicable 10 to 20 years 100% 100% 98% 98% Not Applicable Not Applicable > 20 years 100% 100% 98% 98% Not Applicable Not Applicable Fixed Rate Euro Denominated Euro-Zone Government Bonds < 1 Year Rated Aa3 or better by Moody's 98% Rated Aa3 or better by Moody's 97% Rated Aa3 or better by Moody's 94% Rated Aa3 or better by Moody's 93% Rated AAA by S&P 95.2% Rated AAA by S&P 76.2% 1 to 2 years 98% 97% 93% 92% 95.2% 76.2% 2 to 3 years 98% 97% 92% 91% 95.2% 76.2% 3 to 5 years 98% 97% 90% 89% 95.2% 76.2% 5 to 7 years 98% 97% 89% 87% 87.0% 69.6% 7 to 10 years 98% 97% 88% 86% 87.0% 69.6% 10 to 20 years 98% 97% 84% 82% 72.5% 58.0% > 20 years 98% 97% 82% 80% 0% 0% Floating Rate Euro Denominated Euro-Zone Government Bonds < 1 Year Rated Aa3 or better by Moody's 98% Rated Aa3 or better by Moody's 97% Rated Aa3 or better by Moody's 93% Rated Aa3 or better by Moody's 92% Rated AAA by S&P 0% Rated AAA by S&P 0% 1 to 2 years 98% 97% 93% 92% 0% 0% 2 to 3 years 98% 97% 93% 92% 0% 0% 3 to 5 years 98% 97% 93% 92% 0% 0% 5 to 7 years 98% 97% 93% 92% 0% 0% 7 to 10 years 98% 97% 93% 92% 0% 0% 10 to 20 years 98% 97% 93% 92% 0%l 0%l > 20 years 98% 97% 93% 92% 0% 0% Qualified Commercial Paper XXX XXX XXX XXX 99.0% 74.25% * For the purposes of the above table, “Daily” is applicable when the “Valuation Date” has been defined in this Credit Support Annex to mean each Local Business Day which if treated as a Valuation Date would result in a Delivery Amount or Return Amount. ** For the purposes of the above table, “Weekly” is applicable when the “Valuation Date” has been defined in this Credit Support Annex to mean the first Local Business Day in each week which if treated as a Valuation Date would result in a Delivery Amount or Return Amount.

Appears in 1 contract

Samples: Master Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2007-Oc2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association not in its individual indixxxxxl capacity but solely as trustee for the Supplement Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set for the therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Securitized Asset Backed Receivables LLC Trust 2006-FR1 is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Wells Fargo Bank, National Association but is made and intended xxxxnded for the purposes of binding only the Supplement Interest TrustSecuritized Asset Backed Receivables LLC Trust 2006-FR1, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAopon Wells Fargo Bank, National Association, individually or personallyox xxxsonally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity xxpacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWxxxx Fargo Bank, National Association N.A. not in its individual capacity but solely as trustee for the Supplement Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Park Place Securities, Inc. Asset-Backed Pass-Through Certificates, Series 2005-WHQ4 is made and intended not as personal representations, undertakings and agreements by HSBC Wxxxx Fargo Bank, National Association N.A. but is made and intended for the purposes of binding only the Supplement Interest TrustPark Place Securities, Inc. Asset-Backed Pass-Through Certificates, Series 2005-WHQ4, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAWxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ,and (iv) under no circumstances shall HSBC Bank USAWxxxx Fargo Bank, National Association N.A. in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-Whq4)

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